California Employment Visas Law Attorneys for the LGBT Community

What is an Employment Visa?

A United States Employment-based visa is a document that grants permission for travel to and admittance to the U.S., as well as potential approval for employment in the U.S. There are various types of work permits that fall into various categories. Depending on the type of employment visa you are seeking to obtain, there are different procedures and requirements.

HB visas are generally easier to obtain than EB visas.

Different Types of Employment-Based Visas

EB-1 Visa

What is an EB-1 visa?

An EB-1 visa is an employment-based visa for individuals who are extraordinary researchers, extraordinary professors, or multinational executives.

Am I eligible for an EB-1 visa?

An individual may be eligible for an EB-1 visa if they have:

• an “exceptional ability” in science, art, education, sports, or business.
• Worked outside of the US for three years, one year of which must have been in an executive or managerial position

What is the application process for an EB-1 visa in California?

Although it is preferable and often necessary to consult an attorney, immigrants may apply for an EB-1 visa themselves, depending on the circumstances. If eligible to submit the application themselves, the applicant would fill out an I-140 form and submit it online or via mail to the United States Citizenship and Immigration Services (USCIS).

How much does an EB-1 visa cost?

An EB-1 visa costs $1,045 total.

EB-2 Visa

What is an EB-2 visa?

An EB-2 visa is an employment-based visa given to eligible foreign professionals. Foreign professionals who may be eligible for an EB-2 visa include non-citizens with advanced degrees, with exceptional abilities, or who can demonstrate that their residence in the US will benefit the US.

Am I eligible for an EB-2 visa?

A foreigner may be eligible for an EB-2 visa if he or she:

• Has an advanced degree OR a bachelor’s degree with a minimum 5 years of work experience in a given area
• Has an exceptional ability, which must be proved documentarily
• Can show that working in the US will help the US

What is the application process for an EB-2 visa in California?

A foreigner must first obtain a labor certification (PERM). Then, the foreigner’s employer must fill out an I-140 Form and submit it to the USCIS. If eligible, the USCIS will give the applicant further instructions in order to complete the process.

How much does an EB-2 visa cost?

An EB-2 visa processing fee costs $345.

EB-3 Visa

What is an EB-3 visa?

An EB-3 visa is an employment-based visa for skilled workers or professionals.

Am I eligible for an EB-3 visa?

Those who may be eligible for an EB-3 visa are:

• Skilled workers, whose occupations require more than 2 years of training or work experience
• Professionals, whose occupations require a U.S. bachelor’s degree
• Unskilled workers, whose occupations DO NOT require more than 2 years of training or work experience

What is the application process for an EB-3 visa in California?

The first step of the EB-3 visa application process is filing an I-140 form and submitting it to the USCIS. Then, your U.S. employer must submit a labor certification (PERM) from the Department of Labor.

How much does an EB-3 visa cost?

An EB-3 visa costs a total of $345.

EB-4 Visa

What is an EB-4 visa?

An EB-4 visa is an employment-based visa, typically for military or federal purposes.

Am I eligible for an EB-4 visa?

An individual may be eligible for an EB-4 visa if he or she is a:

• Doctor
• Religious worker
• Broadcaster
• Member of the military
• International organization employees, such as the United Nations, World Trade Organization, etc.
• Iraqi or Afghan translators
• Retired NATO-6 employees
• Iraqis who have assisted the US
• Spouses or children of deceased NATO-6 employees
• Panama Canal Zone Employees

What is the application process for an EB-4 visa in California?

In order to apply for an EB-4 visa, the U.S. employer must first file a Form I-360 with the USCIS. Receiving an EB-4 visa is an automatic permanent legal residence. Then, EB-4 recipient may be eligible for citizenship.

In addition, evidence must be presented that proves your said occupation.

How much does an EB-4 visa cost?

An EB-4 visa costs $640 in total.

EB-5 Visa

What is an EB-5 visa?

An EB-5 visa is an employment-based visa for foreign entrepreneurs and investors.

Am I eligible for an EB-5 visa?

In order to be eligible for an EB-5 visa, an entrepreneur is required to:

• Invest a minimum of $500,000 or $1,000,000 in a US business, depending on the circumstance
• The visa applicant must save or create at least 10 full-time jobs within 2 years

What is the application process for an EB-5 visa in California?

The applicant must first submit an I-526 Form with the USCIS. EB-5 visas are immigrant visas, meaning they potentially pave the way to eventual citizenship.

How much does an EB-5 visa cost?

An EB-5 visa costs $4,020 in total.

H-1B Visa

What is an H-1B visa?

An H-1B visa is a temporary work permit for an immigrant who is planning on working in the U.S. in a specialty field. A person may hold this visa for a maximum of six years and but can stay for increments of three years at a time. Only 65,000 H-1B work permits are granted each year and are limited to those who have received a bachelor’s degree or equivalent experience in one of the following specialty fields:

Agricultural Science, Architecture, Astronomy, Biology, Business/Management, Chemistry, Computer Science, Department of Defense, Education, Engineering, Fashion Modeling, Geology, Law, Mathematics, Medicine/Health Fields, Physics, Psychology, Surveying, Theology, Veterinary Science, and Writing.

Am I eligible for an H-1B visa?

The five requirements to obtain an H-1B visa are:

1. An H-1B visa must be available. There are 65,000 H-1B visas made available annually.
2. The 2 parties have an employee-employer relationship
3. The occupation must be considered a “specialty occupation”
4. The foreigner must have the correct credentials and/or degrees in order to fill the occupation
5. The monetary compensation of the U.S. occupation must be the higher of the prevailing and actual wages.

What is the application process for an H-1B visa in California?

The U.S. employer must first file a Labor Condition Application (LCA) with the Department of Labor (DOL). Then, the employer must also submit an I-129 form with the USCIS.

If the I-129 form is approved, the USCIS will give the potential employee further instructions to follow in order to complete the application process.

How much does an H-1B visa cost?

An HB-1 visa costs $190 in total.

H-2B Visa

What is an H-2B visa?

An H-2B visa is a temporary non-agricultural work visa for skilled or unskilled foreigners.

Am I eligible for an H-2B visa?:

The three main requirements are:

1. They have an active job offer
2. They agree to leave the US once the job ends
3. There is a shortage of active US workers available for that specific job

What is the application process for an H-2B visa in California?

The employer must first submit a temporary labor certification to the Employment Development Department (EDD). The application is then transferred to the Department of Labor (DOL). Then, the employer submits an I-129 Form to the USCIS.

If approved, the foreigner will receive further instruction from the USCIS in order to complete the application process.

How much does an H-2B visa cost?

An H-2B visa costs a total of $190.

How long does an H-2B visa last?

An H-2B visa initially lasts one year and may last up to three years, depending on the circumstances.

L-1 Visa

What is an L-1 visa?

An L-1 visa is an employment-based visa for foreigners who are managers, executives, or employees of a company and intend to be employed at their company’s U.S. office.

Am I eligible for an L-1 visa?

There are two requirements in order to be eligible for an L-1 visa.

1. The foreign employer must have one of the following relationships with the U.S. employer:

• Parent and subsidiary
• Sister companies
• Affiliates
• Branch and headquarters

2. The foreigner must have worked for the foreign employer for at least one year within the past three years.

What is the application process for an L-1 visa in California?

The first step is for the U.S. employer to obtain a labor certification from the Department of Labor (DOL), then file a Form 1-129 with the USCIS. Next, the foreigner seeking employment in the U.S. must file a Form DS-160 with the USCIS. Then, the foreigner may be required to attend an interview with a consular officer.

How much does an L-1 visa cost?

Although the foreigner’s employer generally pays for it, an L-1 visa costs $690.

L-2 Visa

What is an L-2 visa?

An L-2 visa is an employment-based visa for spouses and unwed children (under the age of 21) of L-1 visa holders.

Am I eligible for an L-2 visa?

The following foreigners are eligible for an L-2 visa:

• Spouses of L-1 visa holders
• Unwed children of L-1 visa holders

What is the application process for an L-2 visa in California?:

First, the applicant must submit a DS-160 form with the U.S. Bureau of Consular Affairs. Then, depending on the applicant’s age, the applicant must appear for an interview and show proof of relationship to the L-1 visa holder.

How much does an L-2 visa cost?

Although it is typically paid for by the L-1 visa holder’s employer, an L-2 visa costs $190.

O-1 Visa

What is an O-1 visa?

An O-1 visa is an employment-based visa for foreigners with exceptional abilities the arts, education, sciences, business, athletics, and other fields, seeking employment in the U.S..

Am I eligible for an O-1 visa?

There are 2 types of O-1 visas:

O-1A: For non-citizens seeking employment or activity in business, education, sciences or athletics

O-1B: For non-citizens seeking employment or activity in the arts and films

What is the application process for an O-1 visa in California?:

The applicant must first present proof of exceptional ability (such as degrees, awards, recommendations, etc.). Next, the U.S. employer must submit an I-129 Form with the USCIS, and an “advisory opinion” explaining that the applicant is qualified for an O-1 visa.

How much does an O-1 visa cost?

An O-1 visa costs $190 and is generally paid for by the U.S. employer.

http://www.uscis.com/

If you are seeking to obtain an employment visa or have questions regarding your visa options, contact a Los Angeles Gay and Lesbian Immigration Attorney today.